“Uncontested divorce” means that the parties settle the issues in the divorce case rather than arguing over the issues and having the judge decide the issues after a period of trial preparation and trial. If you and your spouse can…

Many different reasons, but here’s a good example of one reason: because there are times when being innocent may not result in the jury believing you are, in fact, innocent. I had a client (some details of the story are…

When you can independently verify it; otherwise, there is, as of yet, no perfectly accurate way to know whether someone is lying. Even the most sophisticated “lie detection” equipment (which no average person could afford) is not infallible (far from…

When did you realize that fighting for your marriage was useless? Many people ask me questions about “my” divorce. I am not divorced, I never have been, and (God willing), I will never have cause to be and never will…

Here it is: my list of YouTube videos that I like best on how to identify, prepare for, and give a successful deposition. #1 Attorney Richard LaGarde has spent over thirty-five years preparing witnesses for their depositions. During his long and successful…

Cool as a cucumber[1]. Is that you? It can be. When it comes to testifying, follow the Golden Rules: 1. Always tell the truth. 2. Simply telling the truth is not enough sometimes. You must understand the purpose and “the language”…

2018 UT App 224 THE UTAH COURT OF APPEALS IN THE MATTER OF THE ADOPTION OF B.N.A., A PERSON UNDER EIGHTEEN YEARS OF AGE C.E.L., Appellant, V. T.L. AND A.L., Appellees. Opinion No. 20180316-CA Filed December 6, 2018 Third District…

“Proffer” means an offering of proof. So in a proffer hearing, an attorney will merely tell the court what the evidence would show, instead of actually presenting the evidence to the court. The purpose of a proffer hearing is to…

First, you should know that while a Utah divorce court can order child support even after a child attains the age of 18 years, courts rarely do so; however, § 15-2-1 of the Utah Code does provide: “It is further…

11 Questions to Ask Before Getting a Divorce By Eric V Copage May 18, 2017, New York Times Common sense suggests that asking the right questions before getting married can make for a better union, but rarely is the other…

This blog post answers the following questions: Do I qualify to get a protective order? How do I obtain a protective order: against an abusive partner, spouse or ex-spouse? for a child? against someone I’m dating or dated in the…

No matter what you’re told, marijuana use is STILL ILLEGAL in this state. Illegal use of street drugs, including but not limited to marijuana, can and surely will be used against you in a child custody dispute. And you can’t…

One of the biggest worries (perhaps the biggest) for a parent going through divorce is the question of child custody. A common misperception is that “child custody” means simply who your children will live with after you and your ex-spouse…

Yes, under certain circumstances. If you are a non-resident and Utah can still exercise jurisdiction over your case, this is referred to as “long-arm jurisdiction”. The statute which submits non-resident parties to Utah’s jurisdiction is found in Utah Code §78B-3-205.…

Why are there no penalties for false allegations in divorce and custody issues? QUESTION: Ex-wife made false allegation that I was inappropriate with my daughter. CPS cleared me. Cost me thousands to defend myself along with her being able to…

2018 UT App 217 The Utah Court of Appeals STATE OF UTAH, IN THE INTEREST OF A.W. AND A.W., PERSONS UNDER EIGHTEEN YEARS OF AGE. A.W., Appellant, v. STATE OF UTAH, appellee. Opinion No. 20180150-CA Filed November 23, 2018 Fourth…

2018 UT App 216 The Utah Court of Appeals State of Utah, In the Interest of K.J., A Person under Eighteen Years of Age. J.J., Appellant, AND C.J., Appellant, v. STATE OF UTAH, Appellee. Opinion Nos. 20170812-CA and 20170814-CA Filed…

Child Support Can Be Modified, If Circumstances Warrant As financial situations change, the amount of child support ordered may no longer be reasonable or even feasible. Your income may have decreased due to no fault of your own. The child…

Many couples may wonder if they can seek an annulment rather than going through the divorce process. So what is the difference between an annulment and a divorce? The primary difference between a divorce and an annulment is that a…

Parental Alienation Not Generally Recognized by the Law and the Courts In Utah (where I practice): no, parental alienation is not illegal, and no, parental alienation is not punishable by law. In fact, accusing a parent of “parental alienation” in…